BENTONVILLE (AP) — A Rogers man accused of killing a woman was found fit to proceed in his criminal case, but his attorney wants an acquittal due to a mental disease or defect.

Sergio Morales-Carrera, 26, is charged with capital murder, punishable by life in prison or the death penalty. He was arrested July 18, 2008, in connection with the killing of Veronica Robles.

Robles was shot and killed at her home at 2606 Graham Drive in Rogers, where Morales-Carrera was living. She was married to Morales-Carrera’s cousin. Morales-Carrera was arrested two days later.

Morales-Carrera appeared in court Thursday where Circuit Judge Jon Comstock found Morales-Carrera fit to proceed.

A May evaluation at the Arkansas State Hospital found Morales-Carrera has the capacity to understand the proceedings against him and he has the ability to assist his attorney with the case. The evaluation found Morales-Carrera has a mental disease. He was diagnosed with malingering and schizophrenia. He was also diagnosed with having borderline intellectual functioning.

Public Defender Jay Saxton, who represents Morales-Carrera, did not object to the court finding his client fit to proceed.

“He is fit to proceed right now, but that can change anytime,” Saxton said.

Morales-Carrera has been sent to State Hospital on two other occasions to restore his fitness, but his condition worsened when he returned to the Benton County Jail.

Saxton has filed a motion seeking an acquittal because Morales-Carrera has a mental disease or defect. Benton County Prosecutor Van Stone told Comstock he plans to file a response to Saxton’s motion.

Comstock scheduled a hearing on the issue for Dec. 4. Morales-Carrera is being held without bond in the county jail.